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(영문) 대전지방법원 서산지원 2019.08.14 2019고단466

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall, in making a transaction request in electronic financial transactions or using and managing a means of access to secure the authenticity and accuracy of users and transaction details, borrow or lend a means of access, or keep, deliver or distribute a means of access by receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, through B, promised to lend the e-mail card to a person who has failed to obtain 80,000,000 won per day, and then, on August 23, 2018, the Defendant sent the e-mail card connected to the D Association (E) account under the name of the Defendant in Taean-gun on August 23, 2018, and notified the password of the e-mail card by text message.

Accordingly, the Defendant promised to borrow a means of access used in electronic financial transactions to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of remittance statements, AD financial data of Association, and B-related Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The lending of the means of electronic financial transactions requires strict punishment because it could be abused as a means of other crimes as well as impairing the safety and trust of financial transactions; circumstances in which the card lent by the defendant was used for actual fraud: The fact that the defendant seems to have no profit from the crime of this case; the fact that the defendant has no profit from the crime of this case; and other circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as per the order, taking into account all the circumstances.